The Constitution Study podcast

During the debates about the ratification of the Constitution, one of the questions involved the need for a Bill of Rights. One of the arguments against such a document was the idea that some may consider the listing of rights in the Constitution as permission to regulate those rights. We find an example of just such attempt to regulate rights in the Supreme Court case United States v. Hemani. Specifically, can the federal government deny your right to keep and bear arms if you use your liberty to use marijuana.

Today, July 4th 2026, is the semiquincentennial, the 250th anniversary of the Declaration of Independence. Two hundred and fifty years is certainly an anniversary worth celebrating. Sadly, in our exuberance to celebrate, many have also shown their ignorance both of the document and our history. Today, in honor of the semiquincentennial, I want to look at both the history and the document that was such a turning point in our history.

Most of us probably remember the TV Game Show "Are You Smarter Than a Fifth Grader", where contestants attempted to answer fifth grade questions for prizes. The answers given were often hilarious. What if they weren't fifth grade questions, but civics questions? Would that answer the American people give still be funny?

The Constitution delegates to Congress the power to regulate commerce "among the several States". What makes commerce not just commerce interstate? That's part of the question the Supreme Court was asked to answer in the case Flowers v. Brock.

Racism is wrong. At least that's what I've been told my entire life. But if racism is wrong, why do so many people demand we make decisions based on race? Is an election fair if the people are vote are racially chosen? If it was wrong for people to be denied the representation because of their race, why is it OK for them to deny representation to others for the same reason? Is choosing representation based on race is wrong? That is the question presented to the Supreme Court in the case LOUISIANA v. CALLAIS ET AL.